Title
Authorization to Enter Agreement with Apple, Inc. for Placement of Innovative Mobile App on Apple App Store as Exception to Provisions of City Code 42-18; Authorization to Enter Related Indemnity Agreement with App Developer Solus UK LTD (Ordinance S-49780)
Description
Request to authorize the City Manager, or his designee, to enter into agreement with Apple, Inc. for placement of the Innovative Mobile App ("App") on Apple App Store, including limitation of liability and indemnity language that would be disallowed under City Code 42-18 absent a waiver under City Code section 42-20. The value of the agreement will not exceed $1,000. Further request to authorize the City Manager, or his designee, to enter a related indemnity agreement with the App's developer, Solus UK LTD ("Solus") to protect the City from potential liabilities arising under the agreement with Apple, Inc. Further request to authorize the City Controller to disburse all funds related to this item.
Report
Summary
The Phoenix Public Library has contracted with Innovative Interfaces, Inc. (City Contract 149073) for configuration and development of the mobile app that would allow Library patrons the ability to store their library card within the application, access to the library materials catalog, an ISBN/barcode scan search feature, mapping to the nearest library, over 20 language options, and the ability to link parent and child library accounts. Innovative Interfaces used a subcontractor, Solus, for development if the App. In order to make the App available to Library patrons via the Apple App Store, the City must enter an agreement with Apple, Inc. which contains limitation of liability and indemnity provisions that are disallowed under City Code section 42-18 absent a waiver from City Council under City Code 42-20. Solus has agreed to indemnify the City against certain representations in the Apple, Inc. agreement relating to permission to publish the App and the App's technical performance.
Contract Term
The term of the agreement with Apple, Inc. will terminate concurrently with City Contract 149073.
Financial Impact
The value of the agreement with Apple, Inc. will be less than $1,000. Funding is available in the Library Department’s budget. There is no financial impact associated with the Solus indemnity agreement.
Concurrence/Previous Council
City Council originally authorized Contract 149073 on Dec. 18, 2018 via Ordinance S-45244.
City Council amended the term of Contract 149073 to include a three-year initial team and two one-year extension options on Feb. 6, 2019 via Ordinance S-45370.
On Jan. 26, 2022, Council authorized amendment one and two to the contract via Ordinance S-48281.
Department
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Library Department.